Humanitext Reader

Justinian I · The Digest of Justinian §48.5.42.pr

Restrictions on Delays in Adultery Prosecutions

Passage 8216 of 9271 · Latin

Summary

Paulus explains that in prosecution of the crime of adultery, no delay of proceedings is allowed except for the production of the parties or when the judge, having investigated the case, permits it based on its nature.

[IDEM libro primo sententiarum. ] §48.5.42.prIn crimine adulterii nulla danda dilatio est, nisi ut personae exhibeantur, aut iudex ex qualitate negotii motus hoc causa cognita permiserit.
[THE SAME, Sentences, Book I.] In the crime of adultery, no delay is to be granted, unless it be that the persons may be produced, or the judge, moved by the nature of the business, has permitted this after investigating the case.

Notes

  1. §48.5.42.prnisi ut... aut... permiserit — Two clauses of different structures are coordinated by the conjunction 'nisi' denoting an exception. The first is an 'ut' clause ('ut personae exhibeantur'), and the second is a clause with a subject ('iudex') and a perfect subjunctive ('permiserit'), meaning 'except where ... (ut) or where (the judge) has ... (permiserit)'.
  2. §48.5.42.prcausa cognita — An ablative absolute consisting of the noun 'causa' (cause, case) and the perfect participle of 'cognoscere' (to investigate, examine). It is a legal term of art meaning that a formal judicial investigation or hearing ('cognitio') has been conducted by the judge.

Cite this passage

Justinian I, The Digest of Justinian §48.5.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.5.42.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.